论文部分内容阅读
婚姻最本质的要求就是夫妻忠实义务,一夫一妻制是夫妻忠实义务最直接的体现。我国《婚姻法》虽然经过多次修改,但对夫妻忠实义务仅作了倡导性的规定。在实践中需要的不仅仅是规定,而是怎样对违反夫妻忠实义务的行为进行法律规制,怎样使得受害者的权益受到最大保护。本文通过论述夫妻忠实义务的基本概念,归纳我国现行法律规定,将违法夫妻忠实义务的行为与侵权责任法的相关制度结合起来,使其更为完善、科学。同时,在现有立法的基础之上,我们还因该进步完善有关现存的夫妻忠实协议的规定,以期有助于对该问题的认识的深化更进一步维系现代婚姻家庭关系的和睦,实现立法目的。
The most essential requirement of marriage is the faithful obligation of husband and wife. Monogamy is the most direct manifestation of loyalty duty of husband and wife. Although China’s “Marriage Law” has been amended several times, only the loyalty obligations of husband and wife made an advocacy requirement. What we need in practice is not only regulation, but how to regulate the law in violation of loyalty obligations of husband and wife and how to protect the rights and interests of victims to the greatest extent. Through the discussion of the basic concept of husband and wife loyalty, this article summarizes the existing laws and regulations of our country, combines the faithful obligations of loving husband and wife with the related systems of tort liability law to make it more perfect and scientific. At the same time, on the basis of the existing legislation, we also improve the existing provisions on the faithful agreement between husband and wife because of this progress so as to help deepen our understanding of the issue and further uphold the harmony of the modern marriage and family and achieve the legislative goal .